The Self-Governing Schools Grant and Recovery (Scotland) Regulations 1994

Interpretation

2.—(1) In these Regulations, except where the context otherwise requires—

“the Act” means the Self-Governing Schools etc. (Scotland) Act 1989;

“the 1980 Act” means the Education (Scotland) Act 1980(1);

“the 1988 Act” means the School Boards (Scotland) Act 1988(2);

“base year” means the last complete financial year immediately preceding the incorporation date;

“education authority” means the education authority for the area in which the school is situated;

“grant year” means the financial year in respect of which the determination of recurrent grant is made.

(2) Schedule 1 shall have effect for the purpose of determining what is school level expenditure in respect of a school for the purposes of these Regulations.

(3) References in these Regulations to any change in the circumstances of a school include a change in any of the school’s characteristics, in the number of its pupils, or any other change having an effect on the running costs of the school.

(4) References in these Regulations to the relevant category of school mean, in the case of a school providing primary education, all schools under the management of the education authority providing primary education and, in the case of a school providing secondary education, all schools under the management of the education authority providing secondary education.

(5) References in these Regulations to a child or young person belonging to the area of an education authority shall be construed in accordance with section 23(3) of the 1980 Act and the Contributions for Educational Services (Prescription of Areas) (Scotland) Regulations 1951(3).

(6) The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections being, respectively, references to sections of the Act, to the 1980 Act and to the 1988 Act:—

board of management	section 80 of the Act
capital grants	section 26(3)(a) of the Act
characteristics	section 30(13) of the Act
child	section 135(1) of the 1980 Act
financial year	section 80(2) of the Act an section 22(2) of the 1988 Act
incorporation date	section 19(2) of the Act
nomination of a school in a Record of Needs	section 65D(2)(d) of the 1980 Act(4)
pupil	section 135(1) of the 1980 Act
recorded and Record of Needs	section 60(3) of the 1980 Act(5)
recurrent grant	section 26(1) of the Act
School Board	section 22(2) of the 1988 Act
special school	section 135(1) of the 1980 Act(6)
special educational needs	section 1(5)(d) of the 1980 Act(7)
special purpose grants	section 26(3)(b) of the Act
young person	section 135(1) of the 1980 Act.

(7) Unless the context otherwise requires—

(a) any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations; and

(b) any reference in these Regulations to a numbered paragraph, sub-paragraph or head is a reference to the paragraph, sub-paragraph or head so numbered in the regulation or Schedule in which the reference appears.

(1)

1980 c. 44.

(2)

1988 c. 47.

(3)

S.I. 1951/899.

(4)

Section 65D was substituted by section 4(1) of the Education (Scotland) Act 1981 (c. 58) (“the 1981 Act”).

(5)

Section 60(3) was substituted by section 4(1) of the 1981 Act.

(6)

The definition of special school in section 135(1) was substituted by section 3(2) of and Schedule 2, Part I, paragraph 4(a)(iii) to the 1981 Act.

(7)

Section 1(5)(d) was substituted by section 3(1) of the 1981 Act.